DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/23/2026 has been entered.
Claim 1 has been amended
Claims 1-6 and 9 are presented for examination
This action is Non-Final
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ignazio (US 2003/0000154).
Claim 1. Ignazio discloses an apparatus comprising:
a first track 14 to mount on a container along a first side of a container opening (abstract; fig. 1);
a second track 16 to mount on the container along a second side of the container opening, wherein the first side is opposite the second side ([0026]; fig. 1);
a frame 50 engaged with the first track and the second track, wherein the frame is to move along the first track and the second track between an open position and a closed position [0038-0041],
a first panel 12a to be mounted on the frame (via stakes 44 and feet 27z) to cover a first portion of the container opening (fig. 1, 4); and
a second panel 12b to be mounted on the frame to cover a second portion of the container opening (fig. 1, 4),
wherein the second panel is substantially identical to the first panel, wherein the first panel is to overlap the second panel by a target distance (fig. 1-2), and
wherein the target distance is dependent on a size of the container opening can be varied to accommodate different container sizes [0042].
Claim 2. Ignazio discloses the apparatus of claim 1, wherein the frame is adjustable to fit a dimension of the container opening [0038-0041].
Claims 3-4. Ignazio discloses the apparatus of claim 2, wherein the frame includes first longitudinal portions 20, 22 and second longitudinal portions 24, 26, wherein the first longitudinal portions and the second longitudinal portions are to engage within a range of positions to adjust a length of the frame [0028].
Claim 5. Ignazio discloses the apparatus of claim 1, wherein the frame is rotated about an axle relative to the container opening in the open position to facilitate access to the container opening [0038-0041].
Claim 6. Ignazio discloses the apparatus of claim 5, further comprising a cutout (opening for insertion of 44 to 50) on the frame around the axle to increase an angle of rotation about the axle at an edge of the container (fig. 4a, 5).
Claim 9. Ignazio discloses the apparatus of claim 1, wherein the first panel includes a first connector element 28 to mate with a second connector element of the second panel, wherein the first connector element is a first plurality of ribs to mate with a second plurality of ribs of the second panel, and wherein the first plurality of ribs and the second plurality of ribs are uniform to allow for variable overlapping ([0046]; fig. 1-3).
Response to Arguments
Applicant's arguments with respect to the claims have been considered but in view of the amendment the search has been updated, new prior art has been identified and applied, and a new rejection has been made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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